Chapter 5_PAH 2008 Edition Rev 6

8/2/2019 Chapter 5_PAH 2008 Edition Rev 6

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5.1

CHAPTER 5

CONTRACT DOCUMENTS

Rev Issue Date Amendment Incorporated

First Issue September 2008

1 29 October 2008 Amendment No. 1/2008

2 14 November 2008 Amendment No. 2/2008

3 21 November 2008 Amendment No. 3/2008

4 30 December 2008 Amendment No. 5/2008

5 30 March 2009 Amendment No. 3/2009

6 19 May 2009 Amendment No. 5/2009

2008 Edition

The parts of the PAH shown in blue and bold

should only be updated by Works Branch of

Development Bureau. Amendment No. 3/2009


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5.3 2008 EditionCONTENTS

Page No.

I. ABBREVIATION 5.10

II GLOSSARY OF TERMS 5.12

1. GENERAL 5.13

1.1 SELECTION OF TYPE OF CONTRACT 5.13

1.2 COMPOSITION OF TENDER AND CONTRACTDOCUMENTS

5.13

1.3 CONSISTENCY AMONGST DOCUMENTS 5.14

1.4 COMMENTS ON DOCUMENTS BY CONTRACT ADVISERS 5.14

1.5 LEGAL VETTING OF TENDER DOCUMENTS 5.151.5.1 Contracts Estimated to Exceed $300M 5.151.5.2 Design and Build Contracts 5.16

2. CONDITIONS OF TENDER 5.17

2.1 GENERAL CONDITIONS OF TENDER 5.17

2.2 SPECIAL CONDITIONS OF TENDER 5.17

3. FORM OF TENDER AND SCHEDULE OF PROPORTIONS 5.18

3.1 STANDARD FORM OF TENDER 5.18

3.2 SCHEDULE OF PROPORTIONS 5.18

3.3 LIQUIDATED DAMAGES 5.18

4. ARTICLES OF AGREEMENT 5.21

5. CONDITIONS OF CONTRACT 5.22

5.1 GENERAL CONDITIONS OF CONTRACT 5.22

5.2 SPECIAL CONDITIONS OF CONTRACT 5.22

5.2.1 General Considerations 5.22


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5.4 2008 EditionPage No.

5.2.2 Library of Standard Special Conditions of Contract 5.23

5.2.3 Approval of Special Conditions of Contract 5.23

6. SPECIFICATION 5.24

6.1 GENERAL SPECIFICATION 5.24

6.2 PARTICULAR SPECIFICATION 5.24

6.3 SPECIFICATION REGARDING CONTRACT PRELIMINARIESAND EQUIPMENT

5.27

6.3.1 General Principles 5.27

6.3.2 Specification regarding Contract Preliminaries 5.28

7. BILLS OF QUANTITIES 5.29

7.1 GENERAL 5.29

7.2 PREPARATION OF BILLS OF QUANTITIES 5.29

7.3 PREAMBLES TO THE BQ 5.30

7.4 PROVISIONAL ITEM 5.307.4.1 Provisional Items 5.30

7.4.2 Provisional Quantities under a Lump Sum Contractwith Firm BQ

5.31

7.5 PROVISIONAL SUM/CONTINGENCY SUM/PRIME COSTSUM

5.31

7.6 SECTIONS SUBJECT TO EXCISION 5.31

7.7 SITE CLEANLINESS AND TIDINESS 5.32

7.8 SITE SAFETY AND ENVIRONMENTAL MANAGEMENT 5.32

7.8.1 Pay for Safety and Environment Scheme (PFSES) 5.32

7.8.2 Site Safety Cycle (SSC) 5.33

7.8.3 Management of Contaminated Soil 5.337.8.4 Welfare Facilities for Workers 5.33

7.9 TRIP TICKET SYSTEM 5.33

7.10 PRESEVATION AND PROTECTION OF PRESERVEDTREES & OLD & VALUABLE TREES

5.34


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7.11 MEASUREMENT PROCEDURES 5.347.12 PAY FOR MONITORING PAYMENT OF WAGES 5.34

8. DRAWINGS 5.35

8.1 DRAWINGS INCLUDED WITH TENDER DOCUMENTS 5.35

8.2 DRAWINGS NOT INCLUDED WITH TENDER DOCUMENTS 5.35

8.3 DRAWINGS NOT FORMING PART OF THE CONTRACT 5.35

8.4 ELECTRONIC DRAWINGS 5.35

9. SPECIAL TOPICS 5.36

9.1 MULTI-CONTRACT AND SINGLE CONTRACTARRANGEMENTS

5.36

9.2 COMPLETION IN SECTIONS 5.37

9.3 CONTRACTORS DESIGNS OR ALTERNATIVE DESIGNS 5.37

9.3.1 Pre-contract Stage 5.37

9.4 CONSTRUCTION RELATED INSURANCE 5.38

9.5 CONTRACTORS SUPERINTENDENCE 5.41

9.6 CONTRACT TRANSPORT 5.41

9.7 MATERIALS TESTING ARRANGEMENT 5.42

9.7.1 General Considerations 5.429.7.2 Provision of Testing Equipment 5.42

9.8 SUPPLY OF MATERIALS BY GOVERNMENT 5.43

9.9 SUB-CONTRACTS FOR SPECIALIST WORKS 5.43

9.10 DISPOSAL OF EXCAVATED MATERIALS 5.44

9.11 CONTRACT MEASURES TO PREVENT NON-PAYMENT OFWAGES (Amendment No. 5/2008)

5.45

9.12 SITE CRUSHERS 5.459.12.1 Policy for Setting up Site Crushers 5.459.12.2 Procedures 5.46


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9.12.3 Crushed Rock and Recycled Products Produced by SiteCrushers for Project Use

5.46

9.12.4 Regulating Conditions 5.46

9.13 RESOLUTION OF DISPUTES BY MEDIATION /ARBITRATION

5.46

9.14 COMPUTER FACILITIES FOR WORKS CONTRACTS 5.47

9.15 SITE SAFETY AND ENVIRONMENTAL MANAGEMENT 5.48

9.16 SECTIONAL COMMENCEMENT OF THE WORKS 5.499.16.1 General 5.49

9.16.2 Procedures 5.49

9.17 ENVIRONMENTAL PERMIT 5.50

9.18 DELETION OF EXTENSIONS OF TIME FOR INCLEMENTWATHER

5.51

9.19 TIME-CRITICAL PROJECTS 5.51

9.20 CONTRACTS AFFECTED BY CONDITIONS OF LANDGRANT

5.52

9.21 CONTRACTUAL PROVISIONS TO REDUCE THE RISKOF CONTRACT FORFEITURE

5.52

9.22 RESTRICTED-HOUR LOCATIONS 5.52

9.23 ADDITIONAL WORKS AREA AND EXTENSION OFWORKS AREA

5.53

9.24 TUNNEL WORKS 5.53

9.25 PERMITS FOR EXCAVATION WORKS UNDER LAND(MISCELLANEOUS PROVISIONS) ORDINANCE CAP.28

5.53

9.26 MEASURES TO PREVENT ILLEGAL EXTRACTION ORIMPORTATION OF BOULDERS/COBBLES/PEBBLES

5.53

9.27 ADOPTION OF NON-CONTRACTUAL PARTNERING INPUBLIC WORKS CONTRACTS

5.54

9.28 CONTROL OF OFF-SITE FABRICATION OF CONSTRUCTIONCOMPONENTS

5.54


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9.29 SAFETY PRECAUTIONARY MEASURES RELATING TOEXTRACTION OF SAND FROM SEABED WITH POTENTIALPRESENCE OF UNEXPLODED ORDNANCE

5.55

9.30 DRAINAGE IMPACT ASSESSMENT PROCESS FOR PUBLICSECTOR PROJECTS

5.55

9.31 ENGAGEMENT OF SUB-CONTRACTORS REGISTEREDFROM VOLUNTARY SUB-CONTRACTOR REGISTRATIONSCHEME

5.56

9.32 CONTRACT MEASURES TO LIMIT THE NUMBER OFTIERS OF SUB-CONTRACTING (Amendment No. 5/2008)

5.56

10. LUMP SUM CONTRACTS 5.57

11. MISCELLANEOUS 5.58

11.1 CONTRACT NUMBER 5.58

11.2 NOTES TO TENDERERS 5.58

11.3 BINDING OF TENDER DOCUMENTS 5.58

11.4 ELECTRONIC DISSEMINATION OF TENDER DOCUMENTS 5.59

11.5 REPRESENTATION AT PRE-CONTRACT STAGE 5.59

11.6 DECLARATION AND UNDERTAKINGS BY OFFICERSINVOLVED IN PREPARING TENDER DOCUMENTATIONINCLUDING TENDER SPECIFICATIONS

5.60

12. REFERENCES 5.61

APPENDICES

APPENDIX 5.1 FORM OF TENDER 5.67

APPENDIX 5.2 GUIDELINES FOR COMPLETING THE FORM OFTENDER

5.74

APPENDIX 5.3 SCHEDULE OF PROPORTIONS 5.77

APPENDIX 5.4 GUIDELINES FOR PREPARING THE SCHEDULEOF PROPORTIONS

5.79


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APPENDIX 5.5 FORMAT OF THE GRAND SUMMARY TO THEBILLS OF QUANTITIES

5.80

APPENDIX 5.6 NOTES TO TENDERERS AND SPECIALCONDITION OF CONTRACT FORENGAGEMENT OF SUB-CONTRACTORSREGISTERED FROM VOLUNTARYSUB-CONTRACTOR REGISTRATION SCHEME

5.82

APPENDIX 5.7 NOT USED 5.84

APPENDIX 5.8 CHECK-LIST FOR TENDERS DEPOSITED IN THEGOVERNMENT SECRETARIAT TENDER BOX/

PUBLIC WORKS TENDER BOX

5.85

APPENDIX 5.9 CONTROL OF ALKALI SILICA REACTION INCONCRETE (Amendment No. 3/2008)

5.87

APPENDIX 5.10 NOT USED (Amendment No. 5/2008) 5.90




APPENDIX 5.14 CONTRACT MEASURES TO PREVENTNON-PAYMENT OF WAGES (FORCONSULTANT ADMINISTERED CONTRACTS)(Amendment No. 5/2008)

5.94

APPENDIX 5.15 CONTRACT MEASURES TO PREVENTNON-PAYMENT OF WAGES (FOR IN-HOUSECONTRACTS) (Amendment No. 5/2008)

5.120

APPENDIX 5.16 SPECIMEN EMPLOYMENT CONTRACT (AmendmentNo. 5/2008)

5.147

APPENDIX 5.17 STANDARD INSURANCE POLICY FOR THESELF-EMPLOYED (Amendment No. 5/2008)

5.152

APPENDIX 5.18 DEVB WB INTERNAL CIRCULAR NO. 9/2007

(Amendment No. 5/2008)5.161

APPENDIX 5.19 CONTRACT MEASURES TO LIMIT THE

NUMBER OF TIERS OF SUB-CONTRACTING(Amendment No. 5/2008)

5.168


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APPENDIX 5.20 ILLUSTRATION DIAGRAM ON MAXIMUM

NUMBER OF TIERS OF SUB-CONTRACTING

ALLOWED (Amendment No. 5/2008)

5.170

APPENDIX 5.21 CONSTRAINT CLAUSE TO BE INCLUDED

WHEN THE SCC CLAUSE FOR LIMITING THE

NUMBER OF TIERS OF SUB-CONTRACTING IS

INCORPORATED (Amendment No. 5/2008)

5.171

APPENDIX 5.28 PRACTICE NOTE ON ADOPTION OF

NON-CONTRACTUAL PARTNERING IN PUBLIC

WORKS CONTRACTS (Amendment No. 5/2009)

5.172


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5.10 2008 EditionI. ABBREVIATION

I.01 The meaning of the abbreviations assigned in this Chapter of the ProjectAdministration Handbook for Civil Engineering Works shall only apply to thisChapter.

I.02 The following list shows the meaning of the abbreviations for the common terms usedin this Chapter of the Project Administration Handbook for Civil Engineering Works

Abbreviation Term

AAR Alkali-Aggregate Reaction

BQ Bills of Quantities

CCC Conditions of Contract Committee

CCGO Central Cyber Government Office

CCIP Contractor Controlled Insurance ProgrammeCEDD Civil Engineering and Development Department

CPFS Contract Price Fluctuation System

C&D Construction and Demolition

DCED Director of Civil Engineering and Development

DEVB Development Bureau

DEVB TCW No. DEVB Technical Circular (Works) No.

DLO District Lands Office

DRA Dispute Resolution Adviser

EDP Electronic Dissemination PackageEIA Environmental Impact Assessment

E&M Electrical and Mechanical

EMSD Electrical and Mechanical Services Department

EP Environmental Permit

EPD Environmental Protection Department

ER Employers Requirements

ETWB Environment, Transport and Works Bureau

ETWB TCW No. ETWB Technical Circular (Works) No.

FC No. Financial Circular No.

GCC General Conditions of Contract for Civil

Engineering Works (1999 Edition)

GCE/S&T Chief Geotechnical Engineer/Standards and

Testing

GCT General Conditions of Tender

GEO Geotechnical Engineering Office

GS General Specification for Civil Engineering Works

(2006 Edition)

HATS Habour Area Treatment Scheme

HIA Hazard Identification Activity


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5.11 2008 EditionAbbreviation Term

HyD Highways Department

LAD(Works)/DEVB Legal Advisory Division (Works) of Development

Bureau

LandsD Lands DepartmentLDs Liquidated Damages

LWBTC No. Lands and Works Branch Technical Circular No.

MM Method of Measurement

NTT Notes to Tenderers

OCIP Owner Controlled Insurance Programme

PAH Project Administration Handbook for Civil

Engineering Works

PES Pre-work Exercise and Safety

PFC Public Fill CommitteePPF Price Fluctuation Factor

PFSES Pay for Safety and Environment Scheme

PFSS Pay for Safety Scheme

PII Professional Indemnity Insurance

PRC Peoples Republic of China

PS Particular Specifications

PWL Public Works Laboratory

QPME Quality Powered Mechanical Equipment

SCC Special Conditions of Contract

SCCT Standing Committee on Concrete Technology

SCT Special Conditions of Tender

SDEV Secretary for Development

SETW Secretary for Environment, Transport and Works

SFST Secretary for Financial Services and the Treasury

S for W Secretary for Works

SMM Standard Method of Measurement for Civil

Engineering Works (1992 Edition)

SRM Systematic Risk Management

SSC Site Safety Cycle

WBTC No. Works Bureau Technical Circular No. or Works

Branch Technical Circular No.

WTO GPA Agreement on Government Procurement of the

World Trade Organization


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5.12 2008 EditionII. GLOSSARY OF TERMS

II.01 Words and expressions to which meanings are assigned in this Chapter of the ProjectAdministration Handbook for Civil Engineering Works (PAH) shall only apply tothis Chapter.

II.02 In this Chapter of the PAH the following words and expressions shall have themeaning hereby assigned to them except when the context otherwise requires:

Government means the Government of the Hong Kong Special AdministrativeRegion.

project office means the office responsible for the planning, design and construction ofthe project.(Where these functions are performed by different offices at different stages, the projectoffice shall mean the office responsible at each particular stage.)

Contract, Contractor, Drawings, Employer, Engineer, EngineersRepresentative and Works are as defined in the General Conditions of Contract forCivil Engineering Works (1999 Edition) or the General Conditions of Contract forTerm Contracts for Civil Engineering Works (2002 Edition).

Schedule of Rates and Works Order are as defined in the General Conditions ofContract for Term Contracts for Civil Engineering Works (2002 Edition).

II.03 Words importing the singular only also include the plural and vice versa where thecontext requires.


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5.13 2008 Edition1. GENERAL

1.1 SELECTION OF TYPE OF CONTRACTContracts for construction may be broadly classified into the following types:

(a) a remeasurement contract containing Bills of Quantities or a measurementcontract containing a Schedule of Rates,

(b) a lump sum contract with drawings and specification,

(c) a lump sum contract with firm Bills of Quantities,

(d) a cost reimbursement contract,

(e) a design and build contract involving both design and construction by theContractor. This type of contract is normally priced as a lump sum. (SeeWBTC No. 31/99)

WBTC Nos. 17/95 and 17/95A promulgate that lump sum contracts with firm Bills ofQuantities should be regarded as the preferred procurement approach for all civil engineeringworks. The criteria set out in WBTC No. 17/95 should be followed in determining the type ofcontract to be adopted. A measurement contract with a Schedule of Rates should normally beused for term contracts involving maintenance works or works of a recurrent nature or works ofa minor nature.

Other types of contract may be used subject to the prior approval of the Head ofOffice/Division who may seek higher authority as necessary.

1.2 COMPOSITION OF TENDER AND CONTRACT DOCUMENTSFor a typical civil engineering contract the tender documents generally include the

following:

(a) Notes to Tenderers (see Paragraph 11.2),

(b) General Conditions of Tender (GCT) (see Paragraph 2.1),

(c) Special Conditions of Tender (SCT) (see Paragraph 2.2),

(d) Form of Tender (see Paragraph 3.1, Appendix 5.1 & 5.2),

(e) Schedule of Proportions for calculating the Price Fluctuation Factor (seeParagraph 3.2, Appendix 5.3 & 5.4),

(f) General Conditions of Contract (GCC) (see Paragraph 5.1),

(g) Special Conditions of Contract (SCC) (see Paragraph 5.2),


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5.14 2008 Edition(h) General Specification (GS) (see Paragraph 6.1),

(i) Particular Specification (PS) (see Paragraph 6.2),(j) Standard Method of Measurement (SMM),

(k) Particular Preambles (if any),

(l) Bills of Quantities (BQ) (see Paragraph 7.1)

(m) Drawings (see Paragraph 8.1), and

(n) Any relevant pre-contract correspondence with the Contractor (e.g. tenderaddendum, circular letter to tenderers) (see WBTC No. 6/95).

Usually, only documents (d) to (n) listed above, the letter of acceptance of the tender and

the Articles of Agreement form the contract documents (see WBTC No. 6/95A).

The type or edition of document used shall be the current version as promulgated byDEVB TCWs or other appropriate circular. Reference should also be made to the currentcorrigenda issued to the GS and the SMM (see ETWB TCW No. 6/95B).

1.3 CONSISTENCY AMONGST DOCUMENTSCare should be taken to avoid any ambiguities or discrepancies in the documents which

form a contract as contractual claims and disputes are often caused by inconsistencies in or

between the documents. If any ambiguities or discrepancies exist, it should be noted that theprovisions of the SCC prevail over those of the GCC, which in turn prevail over the PS and theDrawings, which in turn prevail over the GS. GCC Clause 5(1) and GS Clause 1.01 arerelevant in this aspect.

In the drafting of SCC or PS clauses, reference should be made whenever appropriate tothe GCC and the GS, using phrases such as:

(a) Pursuant to General Conditions of Contract Clause ......., or

(b) GS Clause ....... is deleted and replaced by ........ etc.

1.4 COMMENTS ON DOCUMENTS BY CONTRACT ADVISERSThe responsibility for ensuring that tender documents are properly prepared rests with

the professional officers handling the project. They may however seek advice from ContractAdvisers on tender documents when genuine doubts emerge. When seeking such advice theofficer concerned shall inform the Contract Adviser of the doubts he has and the aspects of thecase on which he wants advice (see paragraph 21.2.1 of Chapter 7 of the PAH (Amendment No.2/2008)).


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5.15 2008 Edition1.5 LEGAL VETTING OF TENDER DOCUMENTS1.5.1 Contracts Estimated to Exceed $300M

All tender documents for contracts estimated to exceed $300M in value must be

submitted through the appropriate Contract Adviser to the Legal Advisory Division (Works) ofDEVB (LAD(Works)/DEVB) for legal vetting prior to calling for tenders. Before submissionto LAD(Works)/DEVB, it is advisable to request the relevant Contract Adviser to comment onthe documents. Comments made by the relevant Contract Adviser on the draft should beattached for LAD(Works)/DEVBs information.

The tender documents to be submitted shall include the following:

(a) Special Conditions of Tender,

(b) Form of Tender and Appendix thereto (if these have been altered from the

standard version shown at Appendix 5.1),

(c) Articles of Agreement (if these have been altered from the standard printedversion),

(d) Special Conditions of Contract,

(e) Particular Specification, and

(f) Bills of Quantities, including General and Particular Preambles.

A memo shall accompany the tender documents, drawing attention to the following:

(a) SCT clauses and SCC clauses together with reasons for their incorporation,

(b) alterations, if any, to the standard versions of the Articles of Agreement and theForm of Tender and Appendix thereto, and

(c) any clause in the PS, any item in the BQ, or any other matter relating to thetender documents or to the Contract which may have significant contractual orfinancial implications.

LAD(Works)/DEVB will consider these documents (retaining a copy for futurereference) and may recommend amendments they consider advisable to the worksdivision/regional office concerned, who should incorporate such amendments as necessary intothe documents before calling for tenders. The vetting by LAD(Works)/DEVB will take atleast three weeks and provision should be made in the programme for tender preparation.

If owing to urgency, or some other reasons, the documents cannot be submittedthrough Contract Adviser then the reason for the same should be explained in the coveringmemo to LAD(Works)/DEVB . However, action should then be taken to forward thecomments made by Contract Adviser as soon as they are received.


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5.16 2008 Edition1.5.2 Design and Build Contracts

The Administrative Procedures issued under WBTC No. 31/99 should be followed asclosely as possible. In particular, the procedures laid down in the Guidance Notes on thePreparation of the Employers Requirements (Appendix C of the Administrative Procedures)

should be followed in order to avoid any unnecessary design changes after the contract isawarded. Prior approval of SDEV must be obtained if alternative procedures areconsidered necessary or desirable in individual cases. The legal vetting requirement asdescribed in Paragraph 1.5.1 applies equally to design and build contracts. The AdministrativeProcedures can be found on the DEVB website (under Publications and PressReleases\Publications\Standard Contract Documents\).


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5.17 2008 Edition2. CONDITIONS OF TENDER

2.1 GENERAL CONDITIONS OF TENDERCommonly used GCT clauses to be included in the Conditions of Tender for works

contracts other than design and build contracts are given in ETWB TCW No. 26/2004. Theproject office may use the GCTs promulgated under ETWB TCW No. 26/2004 selectively sincenot every item of the provisions is applicable to a particular contract. For the latest version,

please refer to the DEVB website:http://www.devb-wb.gov.hk/press_releases_and_publications/publications/contract_doc/index.a

spx?langno=1&nodeid=852

2.2 SPECIAL CONDITIONS OF TENDERAny alterations to a GCT shall be effected by a SCT. Commonly used SCT clauses to be

included in the Conditions of Tender for works contracts other than design and build contractsare provided in ETWB TCW No. 26/2004. The project office may use the SCTs promulgatedunder ETWB TCW No. 26/2004 selectively since not every item of the provisions is applicableto a particular contract.

The inclusion of the standard SCT clauses requires the approval of an officer at D1 rankor above. When non-standard SCT clauses are needed, approval will have to be given by anofficer of at least D2 rank. When seeking such approval, the reasons for their inclusion and adraft of them should be submitted.

For projects which funding has not been secured before tender invitation pursuant to FC No. 2/2003, an appropriate SCT shall be incorporated in the tender documents reflectingcorrectly the funding status of the project and reminding the tenderers that the Government isnot responsible for their costs of preparing the bids.

The GCTs and SCTs promulgated under ETWB TCW No. 26/2004 have been uploadedto the DEVB website under standard contract documents in the publications section and theywill be updated from time to time when new technical circulars are promulgated which mayaffect the library content.

For the latest version, please refer to the DEVB website:http://www.devb-wb.gov.hk/press_releases_and_publications/publications/contract_doc/index.aspx?langno=1&nodeid=852


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5.18 2008 Edition3. FORM OF TENDER AND SCHEDULE OF PROPORTIONS

3.1 STANDARD FORM OF TENDER

For capital works contracts, the standard Form of Tender as shown at Appendix 5.1should be used. Guidelines for completing the Form of Tender are given at Appendix 5.2.Regarding Form of Tender for term contracts, reference should be made to PAH Chapter 8.

3.2 SCHEDULE OF PROPORTIONS

A Contract Price Fluctuation System (CPFS) is used in all civil engineering contracts tocover changes in the cost of labour and materials between the time of tender submission and thetime payment is made for Works completed. A description of the system and guidelines for the

preparation and administration of contracts using the CPFS are provided in ETWB TCW No.

21/2003.

The CPFS requires the inclusion of a Schedule of Proportions in the contract documents,which will be used to calculate a Price Fluctuation Factor for adjusting payments to theContractor for items valued at tendered rates. The standard format for the Schedule ofProportions and guidelines on its preparation are given at Appendix 5.3 and Appendix 5.4respectively.

According to ETWB TCW No. 21/2003, the CPFS should not be applied to contractswhere the time for completion of the Works (excluding Establishment Works period, if any)or Contract Period (for term contracts) is 21 months or less. Nevertheless, SDEV made

amendment to this requirement via his memo ref. DEVB(PS) 107/3 dated 18.7.2008 that allgovernment capital works contracts should apply the CPFS regardless of the contract duration.However, the Head of Department has discretion not to apply the CPFS if it is consideredimpractical or undesirable to do so due to reasons such as for contracts involving

predominant use of proprietary products/systems and/or there are no suitable cost indices for price fluctuation computation. Please see SDEVs memo ref. DEVB(PS) 107/3 dated18.7.2008 for details.

3.3 LIQUIDATED DAMAGES

The liquidated damages (LDs) formula to be entered in the Appendix to the Form ofTender should be a genuine pre-estimate of the likely loss to the Employer resulting fromdelay in completion of the Works, or any Section of the Works, as the case may be. GCCClause 52 has been drafted on the basis that if any part of the Works is designated as aSection, the remainder of the Works must also be designated as a Section. If a contractcontains Sections, LDs should be calculated for each Section of Works instead of the Works.

If it is possible to carry out a cost-benefit analysis, LDs shall be calculated using thedaily rate of economic benefit likely to be generated by the project after completion and thoseadditional costs due to the delay in completion of the Works, if any. Where such analysis isnot possible, as is usually the case in public sector construction contracts, an estimate being agenuine pre-estimate of the likely loss to the Employer may be stipulated as the LDs.


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5.19 2008 EditionIn estimating the likely loss to the Employer, there is a widely accepted formula

method which includes the following components:

(a) loss of revenue or interest on the capital invested in the project;

(b) supervisory costs during the delay period;

(c) the additional sum payable to the Contractor in respect of fluctuations in thecost of labour and materials; and

(d) any special damages specific to the particular project.

The empirical formulae and guidelines for calculating LDs based on the abovecomponents are given in ETWB TCW No. 4/2003.

The amount of LDs is subject to proportional reduction pursuant to GCC Clause

52(2), due to the completion or handing over of a part of the Works or part of a Section inadvance of the whole. Under certain circumstances, this proportional reduction may notreflect the real effect of delay. For example, a partial completion of the Works would nothelp in reducing the special damages. Also, in practice, there is a limit on the minimum sizeof the site supervisory staff beyond that no further reduction is possible. In thesecircumstances, a SCC specifying the minimum amount of LDs should be incorporated in thecontract (in accordance with the recommendation in paragraph 13 of ETWB TCW No.4/2003) by adding a sub-clause (5) to GCC Clause 52. The sum calculated in respect of thespecial damages and the minimum supervisory staff costs shall then be inserted in theAppendix to the Form of Tender as the Minimum amount of liquidated damages (per day).

It should be noted that the concept of minimum site staff establishment may not beapplicable to Sections, other than the last Section, as the supervision can be carried out by thesupervisory staff for the remaining Sections. However, there are exceptions, for instance, ifa Section of the Works is geographically or technically separated, entailing the need todeploy staff purely for that Section of the Works. Another example is where some of thestaff could be released on completion of a major Section, leaving some minor works such aslandscaping works as the last Section to be completed.

Where the amount of LDs is to a certain extent related to the contract value of theWorks or the Section, the rate of LDs shall be stipulated as a function of the Contract Sum orthe contract value of the Section and an appropriate footnote should be added to deal with

possible anomalies which may arise as a result of negative pricing by the tenderers (seeparagraph 16 of ETWB TCW No. 4/2003).

It is important that those responsible for calculating LDs should ensure that thecalculations are logical and free from error. In all cases, the full implications of the contractmust be considered in applying the formulae given in ETWB TCW No. 4/2003. In thisrespect, LDs calculations should always be subject to an independent check by a senior

professional officer. Calculations from which LDs are derived must be set out clearly andkept on file for future reference. Full record of any review of LDs together with all relatedcalculations should also be kept on file.

As a provision for LDs is enforceable only if the rate fixed is a genuine pre-estimateof the Employers loss judged at the time of entering into the contract, there is a need to


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5.21 2008 Edition4. ARTICLES OF AGREEMENT

Standard Articles of Agreement attached to the respective editions of the GCCs shall beused, namely, GF 548 for capital works contracts for Civil Engineering Works as modified by

Appendix A of WBTC No. 20/2000 (GF 546 for term contracts for Civil Engineering Works),GF 549 for Design and Build Contracts, GF 541 for Building Works, and GF 550 for Electrical& Mechanical Works. Appropriate modification to the attestation clauses should be made inaccordance with ETWB TCW No. 54/2002.

For Nominated Sub-contracts, the Articles of Agreement in the The Government of theHong Kong Special Administrative Region, Sub-contract Articles of Agreement and Conditionsfor Civil Engineering Works (GF 543) shall be used for all Nominated Sub-contracts to capitalworks contracts.

Where a contract is awarded to an unincorporated joint venture, the revised Articles of

Agreement at Appendix E of ETWB TCW No. 50/2002 shall be used. Where the contractor isan incorporated joint venture, the ordinary form of Articles of Agreement shall be used.


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5.22 2008 Edition5. CONDITIONS OF CONTRACT

5.1 GENERAL CONDITIONS OF CONTRACT

The following standard documents are available:

(a) The Government of the Hong Kong Special Administrative Region, GeneralConditions of Contract for Civil Engineering Works (1999 Edition)

(b) The Government of the Hong Kong Special Administrative Region, GeneralConditions of Contract for Term Contracts for Civil Engineering Works (2002Edition)

(c) The Government of the Hong Kong Special Administrative Region, GeneralConditions of Contract for Building Works (1999 Edition )

(e) The Government of the Hong Kong Special Administrative Region, GeneralConditions of Contract for Term Contracts for Building Works (2004 Edition)

(f) The Government of the Hong Kong Special Administrative Region, GeneralConditions of Contract for Electrical and Mechanical Engineering Works (1999Edition);

(g) The Government of the Hong Kong Special Administrative Region, GeneralConditions of Contracts for Term Contracts for Electrical and MechanicalEngineering Works (2007 Edition); and

(h) The Government of the Hong Kong Special Administrative Region, GeneralConditions of Contract for Design and Build Contracts (1999 Edition)

Copies of the GCC are issued to all approved contractors on the DEVB Lists and it neednot be reproduced in tender documents.

The GCCs have been uploaded to the DEVB website (under standard contractdocuments in the publications section and they will be updated from time to time when neweditions are promulgated which may affect the library content.

(http://www.devb-wb.gov.hk/press_releases_and_publications/publications/contract_doc/index.aspx?langno=1&nodeid=852)

5.2 SPECIAL CONDITIONS OF CONTRACT

5.2.1 General Considerations

Any amendments, additions, deletions and amplifications to the GCC should be effectedby the inclusion of SCC clauses. However, SCC clauses should only be included when there isa genuine need to alter or supplement the GCC.

Matters concerning materials or workmanship standards or detailed arrangement for theexecution of Works should not in general be stipulated in the form of SCC. Such matters, if


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5.23 2008 Editionnot adequately covered by the GS, should be dealt with in the PS.

5.2.2 Library of Standard Special Conditions of Contract

Standard SCC clauses for use with the General Conditions of Contract for Civil

Engineering Works (1999 Edition) are included in the Library of Standard Special Conditions ofContract promulgated and updated regularly by DEVB in WBTC Nos. 18/2000, 18/2000A and18/2000B. In addition, any SCC clauses promulgated by means of memos/respective technicalcirculars after promulgation of the Library shall be deemed to have been included in the Library.The Library shall also be used with the GCC for Building Works (1999 Edition) and the GCCfor Electrical & Mechanical Engineering Works (1999 Edition). All additions and deletionsfrom the Library of standard SCC will be vetted by the Conditions of Contract Committee (CCC)and approved by the SDEV To maximize the usefulness of the Library, any SCC developedfor a particular contract that will have repeated use or could be of use to others should besubmitted to the CCC through the departments representative with a view to placing the clausein the Library of standard SCC.

5.2.3 Approval of Special Conditions of Contract

In accordance with the technical circulars promulgating the Library of Standard SpecialConditions of Contract, except for the clause deleting provision for extension of time due toinclement weather, standard SCC clauses may be used as required with the approval of the chiefengineer (or a higher rank officer in cases of SCC for Sections subject to excision, care of theWorks insurance, third party insurance and designs or alternative designs by tenderers)responsible for the administration of the particular contract. The use of the standard SCCclause deleting the provisions for extension of time due to inclement weather must however beapproved by the Head of Department and endorsed by DEVB (attention PAS(W)3).

All non-standard SCC clauses may be drafted and used as required on the approval ofthe Head of Department/Office or those officers (not below the rank at D1) to whom thisresponsibility has been delegated. When seeking such approval, the reasons for the inclusionof the SCC clause and a draft of the clause should be submitted. Should the Head ofDepartment/Office or the delegated officer have any doubt as to the wording of a proposed SCCnot contained in the Library then the clause may be forwarded to LAD(Works)/DEVB foradvice, through the relevant Contract Adviser.

Contentious cases involving a major point of principle or change in policy should, atthe discretion of Head of Department/Office, be referred to the Works Group DirectorsMeeting for consideration.


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5.24 2008 Edition6. SPECIFICATION

6.1 GENERAL SPECIFICATION

The latest edition of the General Specification for Civil Engineering Works (GS) can befound on the CEDD website. The GS covers general requirements and may need varyingdegrees of amplification and modification to suit individual contracts, e.g. on the generaldescription (major items only) of the Works, the list of Drawings, works by other contractors onthe Site running concurrently with the Works under the contract. Amplifications andmodifications to the GS should be made in the Particular Specification (PS), with the approvalof an officer at D1 rank or above administering the contract.

Copies of the GS need not be reproduced in contract and tender documents. If anyamendments have been issued, the attention of the tenderers should be drawn to the specificwebsites where the amendments are available or the amendments should be incorporated in full

in the tender documents.

6.2 PARTICULAR SPECIFICATION

Each contract will require a different set of PS clauses to suit its own circumstances (SeeParagraph 6.1). Standard clauses/guidelines may be available from DEVB TCWs for thefollowing subjects:

(i) For capital works or maintenance works (including tree planting) within oradjacent to the Kowloon-Canton Railway (Hong Kong) Section, Tsim ShaTsui Extension, Ma On Shan Rail and Lok Ma Chau Spur Line, referenceshould be made to ETWB TCW No. 2/2005 and DEVBs emails dated3.9.2007 and 25.9.2007;

(ii) For public works to be carried out within the Railway Protection Area for thecompleted facilities of the West Rail, reference should be made to ETWBTCW No. 33/2003;

(iii) For public works to be carried out within the protection boundary forcompleted facilities of the Mass Transit Railway Corporation, reference should

be made to WBTC No. 19/2002;

(iv) For contracts involving permanent prestressed ground anchors, referenceshould be made to ETWB TCW No. 16/2004;

(v) For reclamation contracts involving public filling, reference should be made toWBTC Nos. 10/92, 2/93, 2/93B, 16/96, 4/98 & 4/98A and subsequentrevisions;

(vi) For contracts including computer facilities as an item to be provided by theContractor, reference should be made to ETWB TCW No. 12/2004;

(vii) For construction site safety, reference should be made to WBTC No. 30/2000and the Construction Site Safety Manual(ref. http://www.devb-wb.gov.hk/press_releases_and_publications

/publications/safety/index.aspx?langno=1&nodeid=1059) ;


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(viii) For application of double-barrier coating system to concrete structure,

reference may be made to Model Specification for Protective Coatings for

Concrete which is available on the CEDD website (ref.

http://www.cedd.gov.hk/eng/downloading/index.htm#11)

(ix) For the control of alkali-aggregate reaction (AAR) in concrete, reference

should be made to Appendix 5.9 (Amendment No. 3/2008 & 3/2009);

(x) For contracts involving importation of sand from the Peoples Republic of

China by barges, reference should be made to WBTC Nos. 10/95 & 10/95A;

(xi) For the Pay for Safety and Environment Scheme, reference should be made to

WBTC No. 30/2000, the Construction Site Safety Manual, ETWB TCW No.

19/2005, the Interim Guidance Note on Administration of Environmental

Management and Pay for Safety and Environment Scheme for Public Works

Contracts promulgated under SETWs memo ref. (014G7-01-1) in ETWB(W)517/91/01 dated 19.6.2006, SDEVs memos ref. (01KKA-01-8) in DEVB(W)

810/83/09 dated 11.10.2007 and ref. (01N5V-01-2) in DEVB(W) 810/83/09

dated 24.12.2007;

(xii) For contracts including contract transport, reference should be made to

LWBTC No. 11/84;

(xiii) For independent checking of the Design, Erection, Use and Removal of

Temporary Works, reference should be made to WBTC No. 3/97;

(xiv) For contract measures to prevent non-payment of wages, reference should bemade to Paragraph 9.11 of this Chapter. (Amendment No. 5/2008)

(xv) For the trip-ticket system for disposal of construction and demolition (C&D)

material at public facilities or landfills, reference should be made to ETWB

TCW No. 31/2004;

(xvi) For contracts requiring employment of qualified tradesmen and intermediate

tradesmen, reference should be made to WBTC No. 13/2002 and SDEVs

memo ref. (01M97-01-4) in DEVB(PS) 105/64/1 dated 17.12.2007;

(xvii) For control of dogs on construction sites, reference should be made to SETWsmemo ref. (014DQ-01-8) in ETWB(W)L/M(4)505/91/01 dated 29.8.2006.

(xviii) For contracts involving reinforced fill structures, references should be made to

ETWB TCW No. 24/2003 and the model specification in Appendix A to

Geoguide 6, Guide to Reinforced Fill Structure and Slope Design, which is

available on the CEDD website

http://www.cedd.gov.hk/eng/downloading/index.htm#11 (the project

department shall submit the specification to GEO for checking in accordance

with ETWB TCW Nos. 29/2002 & 29/2002A);

(xix) Not used;

(xx) For contracts with concrete used in marine environment, reference should be

made to the Recommended Specification for Reinforced Concrete in Marine

Environment issued by the Chairman of Standing Committee on Concrete


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5.26 2008 EditionTechnology (SCCT), which is available on the CEDD website (ref.http://www.cedd.gov.hk/eng/downloading/index.htm#11 );

(xxi) For environmental management on construction sites, reference is to be madeto ETWB TCW No. 19/2005, the Interim Guidance Note on Administration of

Environmental Management and Pay for Safety and Environment Scheme forPublic Works Contracts promulgated under SETWs memo ref. (014G7-01-1)in ETWB(W) 517/91/01 dated 19.6.2006, SDEVs memos ref. (01KKA-01-8)in DEVB(W) 810/83/09 dated 11.10.2007 and ref. (01N5V-01-2) in DEVB(W)810/83/09 dated 24.12.2007;

(xxii) For metallic site hoardings and signboards, reference should be made to WBTCNo. 19/2001;

(xxiii) For contracts involving management of dredged/excavated sediment, referenceshould be made to ETWB TCW No. 34/2002;

(xxiv) Not used;

(xxv) For contracts involving alternative designs by tenderers, reference should bemade to ETWB TCW No. 25/2004;

(xxvi) For enhanced control of site cleanliness and tidiness, reference should be madeto WBTC No. 6/2002 & ETWB TCW No. 6/2002A;

(xxvii) For implementation of additional measures to improve site cleanliness andcontrol mosquito breeding on construction sites, reference should be made to

Appendix A to ETWB TCW Nos. 22/2003 and 22/2003A;

(xxviii) For contracts involving the use of recycled aggregates in concrete productionor in road sub-base construction, reference should be made to WBTC No.12/2002 and ETWB TCW No. 24/2004;

(xxix) For implementation of Site Safety Cycle and provision of welfare facilities forworkers at construction sites, reference should be made to ETWB TCW No.30/2002;

(xxx) For employment of technician apprentices and building & civil engineeringgraduates by contractors of public works contracts, reference should be madeto ETWB TCW Nos. 12/2003 and 9/2005;

(xxxi) For preservation and protection of existing trees and, where required, theregistered Old and Valuable trees and shrubs, reference should be made toETWB TCW Nos. 29/2004 and 3/2006 and the Cyber Manual for Greening(ref. http://etwbwb.host.ccgo.hksarg/) promulgated by ETWB TCW No.11/2004;

(xxxii) For contracts implementing Systematic Risk Management (SRM), the standard

particular specification in Annex I of ETWB TCW No. 6/2005 should beincorporated;


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5.27 2008 Edition(xxxiii) For contracts where an Environmental Permit has been obtained by the project

proponent for the works, the standard PS clause in Paragraph 1.6.5 in AppendixA to ETWB TCW No. 13/2003 should be included;

(xxxiv) For contracts involving excavation works on unleased land or streets

maintained by Highways Department, the standard PS clauses on permits forexcavation works under the Land (Miscellaneous Provisions) Ordinance, Cap.28 distributed via SETWs memo ref. ETWB(W)249/38/02[TC 13/2001] dated29.3.2004 are to be incorporated;

(xxxv) For construction works and ground investigation works in the vicinity of theHabour Area Treatment Scheme (HATS) Stage I sewerage tunnels, referenceshould be made to ETWB TCW No. 28/2003; and

(xxxvi) For contracts involving tunnel works, reference should be made to ETWBTCW No. 15/2005.

6.3 SPECIFICATION REGARDING CONTRACT PRELIMINARIES ANDEQUIPMENT

6.3.1 General Principles

(i) Specification in Terms of Performance

In the drafting of any PS clause, it should be noted that according to Paragraph 9 ofETWB TCW No. 33/2004, technical specifications shall, where appropriate, be in terms of

performance rather than design or descriptive characteristics and be based on internationalstandards where such exist. The same principle applies regardless of whether or not thetendering procedures are governed by the Agreement on Government Procurement of theWorld Trade Organization (WTO GPA). There shall be no requirement for or reference to a

particular trademark or trade name or patent or origin unless there is no sufficiently precise orintelligible way of describing the procurement requirements and provided that productshaving equivalent functions or performance shall always be permitted and indicated in thetender documentation. (see S for Ws memo ref. WB(W) 272/31/02D dated 4.4.2002)

In the project offices there should exist a three-tier checking/approval mechanismwhereby design drawings/tender documents are prepared by one group of officers, checked byofficers of other ranks and finally approved by officers of higher ranks. If brand named

products are to be specified, they should also be subject to the same scrutiny mechanism.

(ii) Used Preliminaries

To accord with the green policy of the Government, used preliminaries can beaccepted if they are in good working and serviceable condition and if they can comply withthe requirements of the contract. In the preparation of tender documents, project offices areencouraged to specify, as far as reasonable and practicable and as much as possible, used

preliminaries which are to be supplied for use by Engineer during the contract period. In

warranted cases, works departments could specify clearly preliminary items as used, but in acondition acceptable to the Engineer (or where appropriate, another more definitivespecification such as not more than 2 years old for land transport, etc) to save costs for thegovernment.


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5.28 2008 EditionMoreover, on the requirement of providing a temporary accommodation for the

Engineer, the project offices, before considering erection of a new office, should firstinvestigate the feasibility of using any existing site office. In the event that a new office isrequired to be erected, preference should be given to the used prefabricated units which are ingood working and serviceable conditions, and such preference should be stated in the tender

documents.

6.3.2 Specification regarding Contract Preliminaries

(i) Central Acceptance and Distribution of Contract Preliminary Items

The following PS clause should be included in the tender documents for theprovisioning of contract preliminaries:

All contract preliminary items shall be provided to the office of the Engineers Representative for central acceptance and distribution. The Engineers

Representative should inform the Contractor of the name of the officers responsible for accepting these items. The Contractor shall not provide the items directly to an

individual member of the site supervisory staff.

(ii) Avoid Over-provision of Preliminary Items

The following PS clause should be included in the tender documents for workscontracts with estimated contract sum exceeding $15M:

Any equipment or facilities to be provided for the use of the Engineers staff are only

required to meet the minimum requirements stipulated in the Contract. Where this is

impracticable (e.g. when the model just satisfying the minimum requirements isoutdated or out of stock), the Contractor may provide at his own cost equipment or

facilities slightly exceeding the minimum requirements. Extravagant or out-of-the

norm over-provision is unnecessary and should be avoided. In the event that a much

higher quality than that stipulated shall be provided for legitimate reasons, the

Contractor shall give prior notification to the Employer of such an over-provision.

(iii) Contract Number/Title on Contract Transport

The contract transport for the Engineer should be required to be painted with thecontract number/title and the Contractors name (or other suitable identifications, if suchnames/titles are too lengthy) for easy identification.

(iv) Intellectual Property Rights

In addition, it is necessary to include the following PS clause in accordance with S forWs memo ref. WB(W) 209/32/110 Pt. 12 dated 9.1.2001: Please note that if the Contractorintends to use the intellectual property rights of another party in performing his obligationsunder the Contract, appropriate licences should be obtained from the relevant owners.


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5.29 2008 Edition7. BILLS OF QUANTITIES

7.1 GENERAL

The main functions of the BQ are:

(a) to allow a comparison of tender prices of tenders obtained from tenderers, and

(b) to provide a means of valuing the work executed when the Contract has beenentered into.

The BQ should be prepared in accordance with the SMM and the Standard Phraseologyof [Bill of Quantities] Item Descriptions. See also WBTC Nos. 18/92, 21/93, 21/93A &21/93B and corrigenda to SMM promulgated from time to time (list of issued corrigenda can befound on the Internet at CEDD website).

Due attention is drawn to the amendments made to SMM pursuant to WBTC Nos. 17/95and 17/95A which promulgate the use of lump sum BQ contracts. The quantities in the lumpsum BQ contract must be measured accurately and regarded as firm, not subject toremeasurement. Where quantities cannot be measured accurately, the respective items in theBQ should be marked as provisional.

To remove site safety from the realm of competitive tendering and to enhanceenvironmental management on construction sites, all appropriate tenders as required underETWB TCW No. 19/2005, the Interim Guidance Note on Administration of EnvironmentalManagement and Pay for Safety and Environment Scheme for Public Works Contracts

promulgated under SETWs memo ref. (014G7-01-1) in ETWB(W) 517/91/01 dated 19.6.2006,and SDEVs memo ref. (01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007 shall includea separate Site Safety and Environmental Management section in the BQ.

7.2 PREPARATION OF BILLS OF QUANTITIES

The rules for preparing BQ are contained in Part III of the SMM and they should bestrictly followed. In accordance with the SMM, a BQ will comprise the following:

- General and Particular Preambles

- Bill No. 1 : Preliminaries- Bill No. 2 : ) for works items,

) see guidance below.- Bill No. : )- Bill No. : Site Safety and Environmental Management *(a)

- Bill No. : Daywork- Bill No. : Prime Cost and Provisional Sums

- Grand Summary.

*(a) This Bill is to be provided for all appropriate tenders as required under ETWBTCW No. 19/2005, the Interim Guidance Note on Administration ofEnvironmental Management and Pay for Safety and Environment Scheme for


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5.30 2008 EditionPublic Works Contracts promulgated under SETWs memo ref. (014G7-01-1)in ETWB(W) 517/91/01 dated 19.6.2006, and SDEVs memo ref.(01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007;

Separate bills may be considered, at the discretion of the project engineer, for work itemscharged to different financial votes. When a lump sum form of contract is used, the provisionalquantities are included in the Bills wherever it is appropriate and sensible to do so. Individualitems to be remeasured can be mixed in with the firm items, or a whole section can be shownseparately and described as provisional. The items in each bill should be grouped into theappropriate section of Part V of the SMM in the order shown. A sample for the GrandSummary is given at Appendix 5.5.

Copies of the SMM have been issued to all the approved contractors on the DEVB Listsand it needs not be reproduced in contract and tender documents.

Specimen BQ items provided in DEVB TCWs for various subjects such as sitecleanliness and tidiness, preservation and protection of preserved trees, Professional IndemnityInsurance for the Works, etc. should be adopted where applicable.

7.3 PREAMBLES TO THE BQ

A set of standard clauses for the General Preambles to the Bills of Quantities iscontained in Part IV of the SMM. Any amendments or alterations to the SMM to be adopted inthe preparation of the BQ shall have the prior approval of an officer at D1 rank or aboveadministering the Contract and shall be included as Particular Preambles to the Bills of

Quantities.

The Preambles should also contain any other information which is considered to benecessary for the pricing of the BQ but is not included elsewhere in the contract documents.

Standard Particular Preambles for various subjects set out in DEVB TCWs should beadopted where applicable.

7.4 PROVISIONAL ITEM

7.4.1 Provisional Items

Provisional Item means an item describing work, the requirement for which is uncertainat the time the tender documents are issued and which can only be carried out on the instructionof the Engineer for the Contract. All works described by a Provisional Item should be clearlyspecified and the provisional nature clearly explained in the PS and BQ.

The use of Provisional Items in the BQ should be avoided as far as possible. Theyshould not be included if it is impossible for the tenderer to provide a realistic tender price forthe work, taking into account its provisional nature and the manner in which the works may be

described. If the requirement for the work is very remote, issuing variations during the contractis generally more advisable than trying to cover the work by inclusion of Provisional Items.


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5.31 2008 Edition7.4.2 Provisional Quantities under a Lump Sum Contract with Firm BQ

Any item or part of work which cannot be accurately measured is covered by a

provisional quantity or sum and measured as executed on completion of the item or part of work

i.e. the value of these item(s) or part(s) of work(s) in the Bills is/are deducted from the Contract

Sum and the value of the works executed is added. For details, refer to WBTC Nos. 17/95 and17/95A.

7.5 PROVISIONAL SUM/CONTINGENCY SUM/PRIME COST SUM

Provisional Sum means a sum provided for work(s) or expenditure which has not been

quantified or detailed at the time the tender documents are issued. Contingency Sum means the

sum provided for work(s) or expenditure which cannot be foreseen at the time the tender

documents are issued. Prime Cost Sum means the sum provided for works to be executed or

for materials or services to be supplied by a Nominated Sub-contractor, after deducting any trade

or other discount. However, according to GCC Clause 1(1), both Provisional Sum andContingency Sum may include provision for works to be executed or for materials or services to

be supplied by a Nominated Sub-contractor.

Provisional Sums for specific purposes should be included in the relevant bills of the

BQ.

Under the GCC for Term Contracts (2002 Edition), Contingency Sum may also be

specified in a works order in term contracts for work or services or expenditure which cannot be

foreseen at the time such works order is issued.

7.6 SECTIONS SUBJECT TO EXCISION (Ref.: LWBTC No. 6/89)

Sections Subject to Excision is required on occasions where it is necessary to let

contracts prior to confirmation that all the works can proceed. For example, where

there are land clearance problems, or where a decision has yet to be reached on the

inclusion of a footbridge in a roadworks contract. In such circumstances it is

obviously beneficial to have these works included as part of the competitive tender, but

also equally important to make it clear to the tenderers that these works may not be

required.

Where work is to be included in a tender, but the implementation of that work

has not been decided upon by the Employer, then such work may be incorporated as a

Section Subject to Excision. Consequently, the items for such works should comprise a

separate bill within the BQ, which should be clearly designated Section Subject to

Excision, and the standard Special Condition of Contract for Section Subject to

Excision as given in WBTC No. 18/2000 shall be included in the Contract.

Also the following information must be included in the Appendix to the Form of

Tender:

(a) the period of time within which the Engineer may instruct the Contractorto proceed with the work contained within the Section Subject to Excision.

This period commences from the date for commencement notified by the

Engineer in accordance with Clause 47 of the General Conditions of

Contract for Civil Engineering Works.


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(b) the time for completion of the Section Subject to Excision, and

(c) the liquidated damages for the Section Subject to Excision.

As the Contractor must allow for the Section Subject to Excision in hisprogramme, it must be taken into account when assessing the time for completion stated

in the Contract. (Amendment No. 2/2008)

However, if the work contained in the Sections Subject to Excision is not ordered,

any preliminaries and overhead costs attributable to those Sections which may be covered

elsewhere in the Contract would still be payable to the Contractor. The effect of

including Sections Subject to Excision and the probability of its incorporation in the

Works should therefore be carefully considered before it is included in the tender

documents. Preliminary items in respect of the Sections Subject to Excision, where

these can be identified, should be included in a separate bill of the BQ designated Section

Subject to Excision.

The inclusion of Sections Subject to Excision in tender documents requires the

approval of an officer at D2 rank or above.(Amendment No. 3/2009)

7.7 SITE CLEANLINESS AND TIDINESS

In order to enhance site cleanliness and tidiness, payment provision shall be

incorporated into all works contracts including term contracts and design and build contracts.

The item on site cleanliness for works contracts that are BQ based are to be marked Quantity

Provisional to cater for Contractors over-running the time for completion of Contracts.Payment will continue to be made (if justified) throughout the construction period even if the

Contractor is in culpable delay. The purpose of continuing the payment is to ensure that the

Contractor shall continue the cleaning and tidying up of the Site irrespective of the work

progress.

Sample BQ, method of measurement and guidelines for preparing the section on site

cleanliness are given in WBTC No. 6/2002 and ETWB TCW No. 6/2002A.

7.8 SITE SAFETY AND ENVIRONMENTAL MANAGEMENT

7.8.1 Pay for Safety and Environment Scheme (PFSES)

With the promulgation of ETWB TCW No. 19/2005, all appropriate tenders included in

the Pay for Safety and Environment Scheme (PFSES) shall include a separate Site Safety and

Environmental Management section in the BQ. A number of sample BQ and guidelines for

preparing the Site Safety and Environmental Management Section of BQ are given in ETWB

TCW No. 19/2005, the Interim Guidance Note on Administration of Environmental

Management and Pay for Safety and Environment Scheme for Public Works Contracts

promulgated under SETWs memo ref. (014G7-01-1) in ETWB(W) 517/91/01 dated 19.6.2006,

and SDEVs memo ref. (01KKA-01-8) in DEVB(W) 810/83/09 dated 11.10.2007. Pleasealso see Sub-section 9.15.


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7.8.2 Site Safety Cycle (SSC)

Payment for Site Safety Cycle (SSC) shall be made under the PFSES by includingappropriate sections in the Method of Measurement and appropriate items in the BQ. The main

item to be included for payment is collectively referred to as Pre-work Activities whichcomprise the following activities on one day:

(i) Pre-work Exercise and Safety (PES) meetings;

(ii) Hazard Identification Activity (HIA) meetings; and

(iii) Pre-work Safety Checks.

Another payment item under the SSC is the provision of Safety Bulletin Board.

Guidelines for the SSC are given in ETWB TCW No. 30/2002. The updated sampleBQ is incorporated into Appendix E to ETWB TCW No. 19/2005, the Interim Guidance Noteon Administration of Environmental Management and Pay for Safety and Environment Schemefor Public Works Contracts promulgated under SETWs memo ref. (014G7-01-1) in ETWB(W)517/91/01 dated 19.6.2006, and SDEVs memo ref. (01KKA-01-8) in DEVB(W) 810/83/09dated 11.10.2007.

7.8.3 Management of Contaminated Soil

Tender documents should indicate restrictions, if any, on disposal of contaminated soil

from a project based on the agreed arrangements with EPD where appropriate (See Paragraph1.4.2(e) of Chapter 1). Tenderers should be reminded that permission for disposal ofcontaminated soil at landfills needs to be obtained from EPD prior to the delivery of thecontaminated soil to landfills.

In case the treatment or disposal arrangement of contaminated soil is subject to furtherassessment during contract stage, appropriate contract provisions should be provided to drawthe tenderers attention and to allow for the possible variances in handling of contaminated soil.

7.8.4 Welfare Facilities for Workers

To take care of the needs and welfare of workers and to promote site cleanliness andhygiene, the Contractor is required to provide storage compartments, drinking water facilities,toilet facilities, hand-wash facilities and rubbish bins. Showering facilities may also berequired depending on the number of workers on site. These provisions shall be included in thePreliminary Items Temporary Accommodation for the Contractor or Contractors SiteAccommodation in the Preliminaries as appropriate by incorporating the sample ParticularPreamble stipulated in ETWB TCW No. 30/2002.

7.9 TRIP TICKET SYSTEM

Sample Particular Preamble is provided in ETWB TCW No. 31/2004 for therequirement of Site Management Plan for Trip Ticket System.


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7.10 PRESEVATION AND PROTECTION OF PRESERVED TREES & OLD &VALUABLE TREES

Related sample Particular Preamble and sample BQ for preservation and protection of

preserved trees and old and valuable trees can be found in the Cyber Manual for Greening whichis posted on the government intranet, the Central Cyber Government Office (CCGO) portal(http://portal.ccgo.hksarg/index.jsp) under the heading Other Useful Information(http://etwbwb.host.ccgo.hksarg/). See also ETWB TCW Nos. 11/2004, 29/2004 and 3/2006.

7.11 MEASUREMENT PROCEDURES

The project engineer should open a measurement file before any taking-off commencesand issue instructions to his staff regarding the method of measurement to be adopted and anyother guidance he considers necessary for the preparation of the BQ.

Standard forms for taking-off, abstracting and billing are included in Chapter 9(Measurement Procedure), and should be used. All taking-off and abstract sheets should besigned and dated by the officer preparing them and inserted into the measurement file.

The project engineer should arrange to have the taking-off sheets, abstract sheets and the bills checked to ensure correctness in all respects. Checked documents should be dated andsigned by the officer who carries out the checks.

7.12 PAY FOR MONITORING PAYMENT OF WAGES

Reference should be made to Paragraph 9.11 of this Chapter for sample ParticularPreambles and BQ for implementing Pay for Monitoring Payment of Wages. (Amendment No.5/2008)


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5.35 2008 Edition8. DRAWINGS

8.1 DRAWINGS INCLUDED WITH TENDER DOCUMENTS

These should be listed in the PS and should include sufficient drawings to enable thetenderers to price the tender properly. Amongst these should be a general layout plan, generalarrangement drawings, typical structural details and any other drawings required for providingtenderers with a good perspective of the extent and nature of the work.

8.2 DRAWINGS NOT INCLUDED WITH TENDER DOCUMENTS

It is not uncommon that drawings giving site investigation information, utilities drawingsand reinforcement details drawings are not included with the tender documents. In that case,they should be listed in the PS and should be made available for inspection by tenderers during

the tender period. These drawings, when forming part of the Contract, should be issued to theContractor at the commencement of the Contract. Standard drawings, if applicable to theContract, should be listed (specifying the applicable version) in the PS but may be excludedfrom the tender documents and the subsequent Contract documents if they are available in thedepartments website. Otherwise, they should be made available for inspection by tenderersduring the tender period, and, if necessary, be issued to the Contractor at the commencement ofthe Contract.

8.3 DRAWINGS NOT FORMING PART OF THE CONTRACT

Drawings giving information only, including site investigation plans and existingutilities plans, do not form part of the Contract and should be stated as such so as to avoid

possible future claims. A note should also be added on the drawings to disclaim responsibilityfor the accuracy or sufficiency of the information given. They should be made available forinspection by the tenderers during the tender period.

8.4 ELECTRONIC DRAWINGS

If tender/contract drawings are available in electronic form, a tenderer/contractor may

ask the Engineer for the supply of additional copies of such tender/contract drawings for the purpose of preparing/administrating his tender/contract. The charges for supplying electronicdrawings are announced by DEVB periodically.

Before electronic drawings are issued, the tenderers/contractors should be asked toconfirm their acceptance of the terms of use on electronic drawings. Furthermore, a formalLetter of Undertaking shall be duly signed by the tenderer/contractor if electronic drawingscontaining digital map data supplied by the Lands Department are provided. The detailedrequirements and guidelines for the supply of electronic drawings are given in WBTC No.7/2000. The standard charge rates for electronic drawings as given in paragraphs 4(a) and (b) ofWTBC No. 7/2000 were revised by ETWB TCW No. 7/2000A and these revised charged rates

have further been revised by SDEVs memo ref. (01TT1-01-1) in DEVB(W) 511/70/02 dated7.8.2008. (Amendment No. 1/2008)


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5.36 2008 Edition9. SPECIAL TOPICS

9.1 MULTI-CONTRACT AND SINGLE CONTRACT ARRANGEMENTS

Where the required financial and manpower resources are available, the contracts of amulti-contract project are normally carried out in parallel to enable the completion of the projectin the shortest possible time.

Some of the issues that need to be considered and provided for in a multi-contractproject would include:

(a) Site access,

(b) Facilities (provided by the Contractor) for other contractors,

(c) Works areas,

(d) Staged possession and handing over of site, and

(e) Consequence of delay in any one of the contracts on other contracts.

Suitable provisions should be made in the constituent contracts to cover these and otherrelevant issues. Such provisions should be made in the SCC, PS and Drawings, whereappropriate.

For projects (i) involving sequential handling-over of the project site among contractorsof concurrent contracts and/or (ii) in which the work progress of one contractor is dependent onthat of another contractor in the same project, the compatibility of the multi-contractarrangement with the preferred contract forms of the project should be carefully assessed. Forinstance, before adopting the arrangement of implementing a conventional contract for civilworks and a design-and-build contract for E&M works at the same time, the pros and cons ofsuch arrangement should be thoroughly compared with that of combining the civil and the E&Mworks into a single contract.

For projects involving substantial underground works, and hence with a relatively highdegree of uncertainty, consideration should be given to reducing risks by carrying out works at

different locations under separate contracts to be undertaken by different contractors. However, before deciding on adopting this approach, its benefits would have to be balanced against possible demerits such as the reduction in economy of scale and the need for greatermanagement effort to deal with contract interface problems.

For time-critical projects, whilst it may be desirable to adopt advance contracts tocapture programming benefits, demerits of such arrangement such as introduction of additionalcontract interfaces should be carefully assessed (also see Paragraph 9.19 on time-critical

projects).

It is important that all the merits and demerits of using multi-contract arrangement in a

project should be thoroughly assessed before deciding on the most appropriate number and formof contracts in a project.


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5.37 2008 EditionFor multi-contract projects, those parts of tender documents delineating the split of

the works, particularly the drawings and bills of quantities, should be carefully checked toensure consistency and that there is no omission or duplication of works at the interface.

9.2 COMPLETION IN SECTIONS

For contracts to be completed in Sections, the tender documents, i.e. the Form of Tender,SCC, PS and Drawings, where appropriate, should explicitly define the extent of the variousSections and their respective time for completion. Separate amounts of liquidated damages andminimum amounts of liquidated damages, if any, should be set for each Section of the Works inthe Appendix to the Form of Tender.

Each Section should preferably be a self-contained package of work. Great care should be taken in defining the extent of each Section to avoid any possibility of ambiguity. Thereshould be no overlapping between Sections and all the Sections should add up to be the Works.

9.3 CONTRACTORS DESIGNS AND ALTERNATIVE DESIGNS

9.3.1 Pre-contract Stage(Ref.: ETWB TCW No. 25/2004 and SDEVs memo ref.

(01TAM-01-7) in DEVB(W) 536/70/03 Pt.2 dated 7.1.2009)

Departments may, subject to the approval of an officer at D2 rank or above,

require tenderers to submit complete tenders incorporating their own proposals for the

design of part of the Works which is not covered by the Engineer's design, in the

following cases:

(a) Where such part of the Works is in a specialist or developing field;

(b) Where such part of the Works includes materials and construction methods,

the design of which requires the specialist experience of contractors or

suppliers;

(c) Exceptionally, where the detailed design of such part of the project is

insufficiently advanced and the completion of the project is urgent;

(d) For piling works where several solutions are available to implement the

Works; and

(e) For works of a limited lifespan, e.g. a temporary footbridge within a larger

project.

Where there is a potential for better value for money, departments are required

to critically consider the option of inviting tenderers of works contracts to submit

alternative design during tendering in accordance with ETWB TCW No. 25/2004. In

such circumstances, departments may, subject to the approval of an officer at D2 rank

or above, invite tenderers to submit tenders incorporating their own alternative designs

for a certain part of the Works notwithstanding that a design for that part of the Workshas been provided by the Engineer. Departments shall specify in the tender documents

that part of the Works for which alternative designs are invited. Departments are


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5.38 2008 Editionrequired to properly document the justifications for not inviting tenderers to submit

alternative designs for future reference and auditing purposes.

In requiring or inviting tenderers to submit tenders based on their own designs for

part of the Works, departments should take note of the following guidelines:

(a) The tender documents shall contain specific and complete instructions to

tenderers including a complete set of design criteria, outline drawings,

survey plans and any requirements pertaining to that part of the Works for

which tenderers design proposals are required or alternative design

proposals are invited (in a PS Clause);

(b) Where applicable, a clear indication to tenderers of materials and methods

of construction which would not be considered shall be given in the tender

documents; and

(c) A reasonable tender period and validity period shall be allowed,consideration being given to the time required to formulate and prepare a

design in sufficient detail and for a reasonable assessment to be made

during the tender assessment period.

Where alternative designs for certain part of the Works are invited, tenderers

may elect to submit a tender conforming with the Engineers design and/or in

accordance with the invitation an alternative tender incorporating the tenderers

alternative design for that part of the Works (hereinafter refer to conforming tender

and alternative tender respectively). It is not necessary that an alternative tender must

be accompanied by a conforming tender. Where there is no invitation for alternative

tender or design, alternative tenders or designs shall not be considered.

The contractual provisions to be incorporated into the tender documents are given

in ETWB TCW No. 25/2004.(Amendment No. 3/2009)

9.4 CONSTRUCTION RELATED INSURANCE

(a) ETWB TCW No. 6/2005 sets out guidelines on the application of a systematicrisk management (SRM) process in public works projects. All public works

programme projects with cost estimates in excess of $200M will be required to

go through a SRM process promulgated under the subject circular. The riskmanagement process comprises a systematic approach to risk planning,identification, assessment and treatment. One of the treatment optionsavailable is to transfer certain risks to insurers through proper contractdocumentation.

(b) For public works programme projects with cost estimates below $200M,ETWB TCW No. 6/2005 does not apply. However, for the purpose ofassessing whether insurance is required for the respective contracts under that

particular public works programme project, departments should adopt a similar

approach to risk assessment and treatment set out under ETWB TCW No.6/2005 to reach a decision on the matter.


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5.39 2008 Edition(c) The result of the risk-based assessment on insurance procurement should be

properly documented and endorsed by an officer at D2 rank or above.

(d) If the result of the SRM process dictates that insurance procurement is theproper treatment of the identified risks, two options exist on the procurement

of construction insurance viz: -(1) Owner Controlled Insurance Programme (OCIP)(2) Contractor Controlled Insurance Programme (CCIP)

(e) Coverage for the contract works (Care of the Works) or for liability emanatingtherefrom (Third Party Liability) should be procured in the joint-names of theOwner (i.e. Government/Works Department), the Contractors (including co-and sub-contractors) and their servants or agents in any tier and/or consultantsfor their site activities only. The determination of the amount of insurancecoverage should follow the quantitative assessment methods outlined in theSRM procedures. This can be procured by either OCIP or CCIP. If the

requirement for insurance is specified, the contract should state clearly by wayof inclusion of suitable special conditions, what insurance is required and whois responsible to arrange the insurance. In cases where the nature and extentof the risks identified in the SRM process which require insurance are routineand are considered insignificant, the procurement of insurance should be leftwith the Contractor on a self-arranged basis and the contract makes no mentionof the requirement for insurance. The Employer, in this event, relies on theindemnity clauses under the contract for protection.

(f) For contract specified insurance, strategies have been developed on how

insurances are to be procured for the following categories of contracts: -

I Major projects which are significant and are multi-contract, multi-disciplinein nature and involve interfacing and interdependencies or large and complexdifficult contracts.

II Minor Works or small value contracts and Term Maintenance contracts.

III All other contracts.

A determination of which category the contract in question falls should be

made.

(g) Procurement of insurances should be considered on the following basis foreach category: -

Category I Consideration should be given to procurement on an OCIP basis.The insurance clauses within the contract conditions for the contract works andthird party liability coverage should state that the Employer will procure theinsurance. These clauses are contract-specific and the project departmentshould seek LAD(Works)/DEVBs assistance in drafting these provisions.The procurement may be taken to cover a number of concurrent or inter-related

contracts.


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5.40 2008 EditionThe engagement of a specialist construction insurance adviser is recommendedin the structuring of the programme. The insurance adviser shall have a soundunderstanding of construction risk, SRM and shall familiarise themselves withthe specific risk profile of the project at hand.

Departments may consider the inclusion of the service of an insurance adviseras part of the main consultancy. The insurance adviser can advise on thecoverage, policy wording and the method of procurement either by OCIP orCCIP. The service of the insurance adviser can be retained up to the tenderstage of the construction contract or continued throughout the constructionstage depending on the actual requirements. If CCIP is adopted and specified,the standard policy as described in Appendix B of ETWB TCW No. 7/2005,suitably modified and extended may be considered together with the specialcontract clause in Appendix A of ETWB TCW No. 7/2005.

Category II The insurance clauses within the contract conditions should state

that the contract works insurance should be procured by the contractor togetherwith a primary HK$10M limit of indemnity for third party liability insurancei.e. a CCIP arrangement for the primary layer of liability. This limit should

be for any one occurrence.

Above the HK$10M limit of indemnity for third party liability, projectdepartments should arrange an excess liability policy for all minor works andterm contracts within the department for HK$XM (exact sum determined viathe SRM process) any one occurrence in excess of the contractors primaryHK$10M any one occurrence policy, providing a total limit of liability of

HK$(10 + X)M any one occurrence. The arrangement will effectively be amulti-layer placement with a combination of a CCIP placement for the primarylayer and an OCIP placement for the secondary layer. Again, the engagementof a specialist construction insurance adviser is recommended in thestructuring of the OCIP placement for the secondary layer. Multi-layerinsurance placement may also be suitable for Category I projects subject to theresult of the SRM taking into consideration the recommendation of theinsurance adviser and having regard to the prevailing market conditions.

Category III The insurance clauses within the contract conditions shouldstate what insurance(s) the contractor is required to procure, i.e. the contract

works insurance, or the third party liability insurance, or both. This is atraditional approach and the placement is solely on the basis of a CCIParrangement. Standard contract provisions for use in term contracts (primarylayer) and capital works contracts and a standard policy are available for aCCIP placement and these are given in Appendix A and Appendix B of ETWBTCW No. 7/2005. Risk assessment may show that additional coverage ordifferent policy wordings to those contained in the standard policy are requiredand in such case, the department may look for the advice of an insuranceadviser, either employed independently or under the main consultancy assuggested above.

(h) Other key factors to consider in procuring construction related insuranceshould refer to ETWB TCW No. 7/2005.


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5.41 2008 Edition(i) Professional Indemnity Insurance (PII)

For works contracts involving contractors designs or independent checking ofcontractors designs including design and build contracts, a risk managementapproach shall be adopted in assessing whether PII is required to be procured,

and if required, the amount of cover required so as to associate the PIIrequirements with the anticipated risk exposure. See DEVB TCW No. 9/2007.

For works within or adjacent to the Kowloon-Canton Railway (Hong Kong) Section,Tsim Sha Tsui Extension, Ma On Shan Rail and Lok Ma Chau Spur Line, consideration, inconjunction with the Railway Protection and Land Survey Manager of MTR CorporationLimited (subject to confirmation from DEVB and MTRCL), shall be taken for providing third

party insurance in the Contract (See ETWB TCW No. 2/2005 and DEVBs emails dated3.9.2007 and 25.9.2007).

Where insurance against damage to the Works or third party risks is required under the

Contract, separate items should be provided in the BQ for the Contractor to price the cost ofsuch insurance pursuant to Standard Method of Measurement for Civil Engineering Woks (1992Edition). Where PII is required to be procured, a separate item should be provided in the BQ forthe Contractor to price the cost of such insurance pursuant to DEVB TCW No. 9/2007.

9.5 CONTRACTORS SUPERINTENDENCE

The requirement for the Contractor to be represented at all times on the Site by acompetent and authorized English speaking agent is stipulated in GCC Clause 17. TheEngineers authority to withdraw his approval of the Contractors agent, thus causing this agent

to be removed from the Site, is also stated in GCC Clause 17. See also the GS and theGuidance Notes on the GS.

The qualifications of the Contractors surveyor responsible for the setting out of theWorks are not particularly specified either in the GCC or the GS. However, it may be inferredfrom GCC Clauses 18 and 19 that he should be skilled and experienced. It should be noted thatany person employed by the Contractor who is considered incompetent may be objected to bythe Engineer, and thus removed from the Works, in accordance with GCC Clause 18.

9.6 CONTRACT TRANSPORT(Ref. D of Audits memo ref. (1) in UI/GLD/GEN/0-1 dated 9.8.2004, Value for moneyaudit: Management of the government vehicle fleet)

Contract transport refers to land or marine transport provided for use by the Engineer(and his staff) and the Employer (and his employees) under the Contract. See LWBTC No.11/84 and the GS for more details.

Contract transport should only be included under the Contract where it has beenestablished that such transportation is essential to the supervisory staff for the adequate and

proper supervision of the Works and for the discharge of other related duties. Critical

examination for justifications to provide contract transport shall be made with due regard tomeeting the operational need. The possibility of shared use of contract transport with otherrelevant on-going contracts shall also be taken into account in the critical examination. In


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5.42 2008 Edition particular, the adequacy of public transport for accessing the site direct shall be assessed indetermination of the quantity of contract transport. In making such determination, the projectoffice should not take into account the need to provide contract transport to serve the site staff toand from the site if the site is adequately served by public transport. The prior approval of anofficer at D2 rank (D3 for HyD according to HyDs internal procedures) or above is required for

the provision of contract transport.

The specification should be less restrictive so that there may be scope for savings.Paragraph 7.1 of the LWBTC No. 11/84 states that a new motor vehicle will not always berequired; however, where a used motor vehicle will suffice, it is suggested that it should not bemore than 2 years old when first brought to Site.

9.7 MATERIALS TESTING ARRANGEMENT

9.7.1 General Considerations

All materials compliance testing required by the Contract or by the Engineer must bedone through Public Works Laboratories (PWL), except Chief Geotechnical Engineer/Standardsand Testing, GEO (CGE/S&T) advises that the required tests cannot be undertaken by PWL.He would also advise on whether an additional Regional Laboratory should be established tomeet the testing demand. On such occasion, the project office should liaise with CGE/S&Tregarding the preparation of detailed layout plans, equipment lists and other contractrequirements for incorporation into suitable works contracts.

CGE/S&T should be consulted at an early stage in project planning regarding the testingdemand for testing services. In order to facilitate CGE/S&T to provide advice, the project

office should supply full details of the anticipated testing required, including information onquantities and the programme. If CGE/S&T considers that certain tests cannot be undertaken

by PWL, then such tests have to be performed by an independent laboratory (i.e. with noaffiliation as a legal entity to the Contractor and its sub-contractors) subject to approval by theEngineer. Test results obtained from a laboratory other than PWL should be checked by

periodic verification using another independent laboratory to conduct identical tests on itemsselected from the same samples, or as advised by CGE/S&T.

Due to potential conflict of interest, only in very exceptional circumstances maycompliance testing by the Contractor be specified and this should be provided through the

provision of suitable PS clauses in the contract documents. CGE/S&T should be consulted inthis regard. Where the cost of testing is not otherwise catered for in the Contract, thenconsideration should be given to including a separate item in the BQ.

See also WBTC No. 14/2000.

9.7.2 Provision of Testing Equipment

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